Will A Domestic Violence Charge Be Dismissed if the Victim Doesn't Come to Court?

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Will A Domestic Violence Charge Be Dismissed if the Victim Doesn't Come to Court?

By
Prain Law, PLLC
|March 06, 2013

I am a
Domestic Violence Defense Lawyer, meaning that I defend people accused of criminal Domestic Violence charges
in Michigan. One common question I am often asked is:
"will a Domestic Violence charge be dismissed if the Victim Doesn't
Come to Court, or if they decide they no longer want to press charges?" Well, quite often, if the alleged victim does not show-up for Court, a
Domestic Violence charge may be dismissed,
but you're not quite off the hook yet! Here's why . . .

If the alleged victim of your Domestic Violence charge does not come to
Court for your
Domestic Violence Arraignment, Pretrial Conference, Settlement Conference, Final Settlement
Conference or Sentencing, then your Domestic Violence charge will probably
not be dismissed unless the Prosecutor has Subpoenaed them to appear.
If no Subpoena has been issued, the alleged victim of your Michigan Domestic
Violence charge has a right to appear, but is not required to appear unless
a Subpoena has been served on them. Further, the alleged victim of a Domestic
Violence charge is usually not actually Subpoenaed to anything other than
a Bench Trial or a Jury Trial.

Still, if the alleged victim of your Domestic Violence charge is Subpoenaed
to Court because it is a Bench Trial or Jury Trial and they still do not
show-up, your Domestic Violence charge will generally only be dismissed
"without prejudice," meaning that the Prosecution can bring
the charges again if the alleged victim later changes their mind, or if
a Bench Warrant is issued for their arrest for failure to comply with
the Subpoena and they are arrested.

In the end, Prosecutors in
Domestic Violence charges have a manual called the Domestic Violence Trial Manual. The Michigan
Prosecutors' Domestic Violence Trial Manual teaches Prosecutors how
to attempt to still find you guilty of Domestic Violence in Michigan,
even where the alleged victim is testifying at Trial after he or she has
recanted their original accusation against you. It includes techniques
to question the alleged victim to suggest that they only changed their
mind because you control the household, money, children, and to suggest
that they have only changed their mind about pursuing your Domestic Violence
charge because they are afraid of you.

To fight these tactics in your Domestic Violence charge, you should hire
a Michigan Domestic Violence Defense Lawyer.
The Law Office of Brian J. Prain, PLLC fights for those facing Michigan Domestic Violence charges every day.
We have never had a client go to Jail for Domestic Violence!
Call us immediately at(248) 731-4543 for a free face-to-face consultation. You have so much to gain and nothing
to lose as you face your Michigan Domestic Violence charge.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.